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Steven Kincaid
Steven Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2332
Experience:  Experience working with evictions, subsidized housing issues and mobile home issues.
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HOW TO PROSECUTE A FORMER TENANT, WHO TRIED TO BURN THE

Customer Question

HOW TO PROSECUTE A FORMER TENANT, WHO TRIED TO BURN THE HOUSE BY CAUSING ELECTRIC FIRE IN THE ELECTRIC BOX, AND CAUSED A MOLD DAMAGE, AFTER HE LEFT I DISCOVERED THAT HE OPENED THE SHOWER WALL, CUT THE DRAINING PIPES, SO THE WATER GO DOWN THE WALLS INSTEAD OF THE PIPES, AND BEFORE HE LEFT HE OBTAINED A REPORT FROM UNETHICAL INSPECTOR TO SAY I HAVE RENTED THE HOUSE FOR HIM WITH MANY VIOLATIONS, THE FACT THAT I DISCOVERED THAT HE WAS CONVICTED PREVIOUSLY FOR DAMAGING OTHER PEOPLES PROPERTY AND VANDALISM, IS WHAT HE DID CONSIDER VANDALISM IN CALIFORNIA, AND IF IT IS HOW TO PROSECUTE HIM, HE IS A KNOWLEDGEABLE HANDYMAN?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Steven Kincaid replied 9 months ago.

That would be vandalism. You would have to file a police report. Police may investigate and if they believe the case is worthy, they forward it to the state prosecutor who decides whether or not to take the case. Other than reporting it, the decision of whether or not to prosecute is not up to you, so you are dependent on law enforcement and the prosecutor to make that happen. Do you have any other questions?

Customer: replied 9 months ago.
THE SAN BERNARDINO SMALL CLAIM COMISSIONER AWARDED ME $3500.00 ON DAMAGES FOR MY PROPERTY, BUT ALSO AWARDED $1700.00 ON THE DEFENDANT CROSS COMPLAINS, I DO NOT KNOW WHAT SHE BASED THAT ON BECAUSE I HAVE NOT RECEIVED THE ACTUAL JUDGEMENT, BUT I READ IT ON THE INTERNET, CAN I APPEAL ON THE CROSS COMPLAIN, DOES THE DEFENDANT, THE TENANT CAN APPEAL THE JUDGEMENT AGAINST HIM, ALSO I DISCOVERED THE PROOF OF VANDALISM AFTER THE SAMALL CLAIM CASE WAS HEARD, CAN I FILE NEW CLAIM ON THE NEW EVIDENCE? THANK YOU,
GEORGE AZER,
Expert:  Steven Kincaid replied 9 months ago.

You could each appeal to the Superior Court the case in which you were the one being sued and you lost. To see if you have a reasonable basis to appeal, it would be best to find out the reason for the judgment against you.

I'm not sure i understandhy you want to file a new claim if you already won your portion of the lawsuit. Generally, though, you cannot file a new claim on the same issue just because of newly discovered evidence.

Expert:  Steven Kincaid replied 9 months ago.

It may be possible to file a Motion for a reconsideration within ten days of entry of the judgment, based on newly discovered evidence, but again, if you won, what is the purpose?

Customer: replied 9 months ago.
I HAVE FIND OUT THAT THERE IS NO RECONSIDERATION PROCESS IN SMALL CLAIM CASES FROM THE COURT IS THAT TRUE!!!!!!!!!!!!!
Expert:  Steven Kincaid replied 9 months ago.

I cannot find any such restriction. Where did you hear that?

Customer: replied 9 months ago.
THE COURT SMALL CLAIM ADVISER.
Customer: replied 9 months ago.
If there is reconsideration form for small claim please e-mail it to me , or file it for me and I will pay the cost, the tenant caused a damage of over $6000.00, but the court awarded me $3400.00, and amazingly she awarded the tenant $1700.00 on their cross complain, my contractor discovered proof of vandalism after the judgement, I was told by small claim advisor that there is no form for reconsideration but I can file form c-105. Thank you,
George Azer
Expert:  Steven Kincaid replied 9 months ago.

No, there is no form, but you can do a motion for reconsideration from scratch, just like in any other case. You would have to draft it yourself. Or, you could follow the small claims advisor's recommendations.

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